THE CARNIA


1 F.Supp. 219 (1932)

THE CARNIA.

District Court, S. D. New York.

April 12, 1932.


Attorney(s) appearing for the Case

Theo. L. Bailey, of New York City, for libelant.

Loomis & Ruebush, of New York City, for respondent.


CAFFEY, District Judge.

The fact that the consent dismissal was "with costs" does not avoid the necessity of determining of what items, in such circumstances, costs consist.

Under R. S. § 824 (28 USCA § 572), it seems settled in this district that, the cause having been dismissed without trial, a docket fee cannot be taxed. The Dwinsk (D. C.) 227 F. 958. Cf. Peerless Light Co. v. Leviton (D. C.) 247 F. 606.

Apart from the somewhat ambiguous...

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